The Details...

The footprint is 12,000 square feet - with walls 20 to 30 feet tall in places.   It will be as high or higher than surrounding structures - with rooftop HVAC equipment running non-stop.

There will be parking lots on either end of the warehouse on the Sheppard and Colonial frontages.  No alley improvements are planned.

It will be larger than the studio school - which is supposed to be the primary use of the property.  An accessory use is not allowed to be larger than the primary use of the property.

No...  Not really!  There is another vacant state-owned lot at 401 McCloy Street that is not subject to local zoning laws.  Parcel Detail  This lot even requires less pre-work for utility relocation!

The museum’s expansion requires conditioned space to store the art of several of its galleries during renovation and to collect art for the new exhibits, but there are many other cost effective alternatives. 

Furthermore, several of these alternatives are not new construction, and none of those involve the disruption of a historical RESIDENTIAL parcel and impact the neighborhood for years to come.

A list of options was presented to the VMFA in 2022, but the VMFA Foundation (which is not subject to FOIA) made decisions for new construction.  We are still seeking these decision records.

Mr. Nyerges - the Director and Chief Executive Officer of the VMFA seems to be the source of the recommendation to build new.  In a meeting with neighbors he stated, "I would never sleep at night for the duration of the project." referring to using the alternative options during VMFA renovations.  We requested a financial analysis or more formal determination for new construction instead of the options, but the VMFA Foundation is not subject to FOIA.  

Mr. Nyerges is a donor of over $1,000,000 to the VMFA Foundation per its website, among other contributions.

This foundation is funded by millionaires who make tax-deductible donations.  Among many other smaller contributions.

The land parcels were combined - including a private alley - for the purposes of a medical office with parking back in the 1970's.  That's why homes were never built in the space.

The VMFA later leased parking in this space from prior owners of the property.  In the late 1980's, a Special Use Permit was approved for the parking and landscaping improvements as seen and maintained today.

Later, Health South acquired the property and then rented the structure and parking directly to the VMFA for use as The Studio School.  Then, Health South donated the land and structures to the VMFA Foundation - as a favorable charitable deduction to a non-profit.

The current layout and parking uses have remained in operation, uninterrupted,  for over thirty years - providing space for The Studio School activities, VMFA staff, and public space for the Museum District residents to enjoy with their pets, picnics, and art projects.

The VMFA LLC never obtained building permits during renovation of The Studio School per public records.  Similarly, a certificate of occupancy has never been updated since the medical offices in the early 1990's.

The VMFA Real Estate Company LLC leases the parcel and structure to the Commonwealth of Virginia for an annual lease of $1.  This is not uncommon for non-profit arrangements.

The VMFA Foundation is a 501(c)(3) non-profit [corporation] intended to serve the public interests in exchange for favorable tax treatment by the IRS.  This foundation operates independently of the State VMFA and is NOT subject to things like Freedom of Information Act disclosure or inquiry.

Non-Profits are supposed to operate at the highest ethical standards serving the community - in exchange for favorable tax treatment.

The VMFA Real Estate Company LLC is a legal entity of the VMFA Foundation that owns the land at 2915 Grove Ave - a parcel that includes parts of Grove Ave, Sheppard St., and N. Colonial Ave - spanning the central portion of the block.

The Foundation has also used other names in the past...

• The Virginia Museum Foundation

• The Virginia Museum of Fine Arts Foundation

• V M F A Real Estate Company LLC

• Virginia Museum Real Estate Foundation

• Virginia Museum Foundation

• Virginia Museum of Fine Arts 

• Virginia Museum of Fine Arts Board Of [sic]

The Foundation was formed in 1976 and has been tax exempt since 1977.  The foundation will not release its original application for exemption as is supposed to be available for public inspection, upon request.

The Foundation Board of Directors is separate from the VMFA Board of Trustees established by VA Law:  "The management and control of the Virginia Museum of Fine Arts ... is vested in a board of trustees ... composed of (i) the Governor, the Speaker of the House of Delegates, and the mayor of the City of Richmond, who shall serve ex officio, and (ii) at least 25 but not more than 35 nonlegislative citizen members. "

We are not sure - as the VMFA Foundation is not subject to FOIA.  We did observe that the VMFA Board of Directors shares a Director with The Community Foundation for a Greater Richmond member - along with a Hourigan family member.  Legal Representation for the VMFA Foundation is via Williams Mullen.

The Community Foundation is a donor of over $500,000 to the VMFA Foundation.   Williams Mullen is a donor of $2,500 or more to the VMFA Foundation.  The overlapping director is a donor of $5,000 or more to the VMFA Foundation.  We have no evidence to suggest the above relationships are linked in any way.

The VMFA Foundation plans to build a large industrial warehouse to store art, right in the middle of the Museum District with no regard to the existing green space.  

They INTENTIONALLY* excluded neighborhood involvement, disregarded historic guidelines, land use rules, and has not cared about the well being of the surrounding community.

Parking will be reduced permanently, and also temporarily as construction fence expands into the roadway at a later time.  Grove Avenue may close for the expansion of the VMFA, later.

The Back Story

Plan of Development   -   Land Disturbance   -   Building Permit

   Board of Zoning Appeal ---> Details Between 00:42:45 and 00:55:22

We have concerns of potential Conflicts of Interest.

* Instead of repealing or changing a Special Use Permit, they opted to use legal interpretations that allow decisions to proceed without requiring public hearings or feedback.  The 1987 SUP is still active.  Drawings from 1987.  The City has not repaled the other ordinances ORD 76-298 and ORD 76-300 which established the specific use of the combined parcels for medical offices and parking.

Please speak to your city council representative and/or please sign up to speak at city council to share your frustrations.  You can also donate to our GoFundMe to assist with the legal costs that were are incurring in opposition.